The Supreme Court of New Jersey. without the aid of a jury. The old AngloSaxon element, which deemed a jury indis pensable for the preservation of individual rights, here asserted itself. From this time onward, from year to year, constant refer ence is made in the town records to these courts, to the election of magistrates, and to other measures connected with them. It is noticeable that the very best citizens were selected from time to time to fill the impor tant position of judges. The fees were regu lated by a vote of the^ citizens; one man was chosen as the head of the tribunal; consta bles and other officers were selected, and a general supervision of these courts was care fully maintained. Their jurisdiction was not defined, nor were their powers definitely set tled by any authority; but they seem to have been established for the purpose of settling the disputes of a primitive people, and were of the nature of piepoudre tribunals. The first legislative assembly which ever met in New Jersey was convened May 26, 1668, and continued in session four days. It then adjourned to meet on the 3d of No vember of the same year, when it again sat for four days. At neither of these sessions was there any action taken about courts. Seven years elapsed before another assem bly met. Neither the people, nor the Gov ernor of the province, nor his Council, deemed courts to be of any great necessity; nor, in fact, were they necessary until they were re quired by the wants of an increasing popula tion. Even in New York, far more populous than New Jersey, during the administration of Governor Nicholls, from 1663 to 1667, there were no courts. Nicholls took upon himself the sole decision of all controversies between suitors. Complaints came before him by petition, " upon which he gave a day to the parties, and after a summary hearing pronounced judgment." It cannot be ascer tained that this state of things existed in New Jersey; it is more than doubtful if it ever did. In 1668 a local or municipal court similar to that in Newark existed in Woodbridge;
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but when it was created is not known, nor can its exact powers be defined. It was cer tainly of a very limited jurisdiction, and merely local in its authority. It is supposed that it was established by virtue of the char ter of that town. A very shadowy tradition existed at one time, that before 1668 a local tribunal had been created at a small settle ment near Hackensack, in Bergen County; . but even the tradition is so mythical that no credence whatever can be given to it. About this time, in 1670, a controversy sprang up between Governor Carteret and some of the early settlers relative to the pay ment of quitrents. Many of the colonists refused to pay the rent demanded by the proprietors who had succeeded by grant to the rights of the Duke of York. They not only refused to pay, but most vigorously and sharply attacked the title of the lords pro prietors. Carteret was the representative of these proprietors, and sought to obtain payment of this rent. There were no courts of competent jurisdiction to whom he could apply for judicial aid. He exhausted every means of compelling payment, and in this dilemma sought to enforce his demand and obtain payment through the intervention of these two courts at Bergen and Woodbridge. He endeavored to enlarge their jurisdiction so as to give them power to hear and de termine his contention with his refractory tenants, and make them amenable to the judgment of the courts. In this, however, he utterly failed. The courts, even if they were willing to aid the Governor, which is extremely doubtful, were too feeble to quell the disturbance, or afford any relief to Car teret; and he abandoned the attempt. There were some other courts, as early as 1667, in Monmouth County, created under a patent from Governor Nicholls of New York, who had dispossessed Stuyvesant. But these tribunals were short-lived, and very soon went out of existence. The right of Gov ernor Nicholls to grant any patent for any purpose, in New Jersey, more especially to create a court, was strenuously assailed at
